Resolution 231-2024 12
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MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 231 -2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RESCINDING RESOLUTION 186 - 2024 IN
ITS ENTIRETY A N D REQUESTING THE
SUPERVISOR OF ELECTIONS TO PLACE BEFORE
THE VOTERS AT THE NOVEMBER 2024
GENERAL ELECTION TWO SEPARATE QUESTIONS
REQUESTED BY THE SCHOOL BOARD OF MONROE
COUNTY, FLORIDA, TO: 1) DETERMINE WHETHER THE
SCHOOL BOARD SHALL BEAUTHORIZED TO RENEWTHE
OEPRATIONAL MILLAGE LEVY FOR AN ADDITIONAL FOUR (4)
YEARS BEGINNING ON JANUARY 1, 2027 FOR EXPENDITURE
ON LAWFUL PURPOSES AS PROVIDED FOR IN F.S. 1011.71(9);
AND 2) DETERMINE WHETHER THE HALF CENT SCHOOL
CAPITAL OUTLAY SURTAX SHALL BE RENEWED AND
LEVIEDFORAN ADDITIONAL TEN(10)YEARS, BEGINNING ON
JANUARY 1, 2026, FOR EXPENDITURE ON
LAWFUL PURPOSES AS PROVIDED FOR IN
F . S . 212 . 055 (6) .
WHEREAS, F.S. 1011.71(9) authorizes a school district to levy, by local
referendum, additional millage for school operational purposes up to an amount that,
when combined with non-voted millage levied under the Section, does not exceed the
10mill limit established in s. 9(b), Art. VII ofthe Florida Constitution; and
WHEREAS, F.S. 1011.73(2) authorizes a school board, by resolution adopted at a
regular meeting, to direct the Board of County Commissioners to call an election at which
the electors within the school district may approve an ad valorem tax millage as authorized
under F.S. 1011.71(9); and
WHEREAS, on May 7, 2024, the Monroe County School Board (MCSB )
adopted MCSB Resolution No. 2024-01 , to levy a yearly ad valorem millage tax of
n o m o re t h a n .5625 mill, for four (4) years beginning January 1, 07; for operating
expenses of Monroe County schools, including but not limited to, funding safe-school
officers; and
WHEREAS, the School Board presented MCSB Resolution No. 2024-01, to the
County Commission requesting that it call an election for the purpose of placing their
referendum question concerning the School Board's levy of a yearly ad valorem tax
increase of up to .5625 mill for four (4) years on the November 5, 2024, general election
ballot.; and
WHEREAS, F.S. 212.055(6) authorizes the school board of each county to levy a
discretionary surtax of up to one-half cent for fixed capital expenditures or fixed capital costs
associated with the construction, reconstruction, or improvement of school facilities and
campuses, and other purposes as provided by law; and
WHEREAS, F.S. 212.055(6)(b) requires that such questions be places on the ballot
by the governing board of the county; and
WHEREAS, on May 7, 2024, the MCSB adopted MCSB Resolution 2024-02, to levy
the '/2 cent School Capital Outlay Surtax for an additional ten (10) years beginning January
1, 2026; and
WHEREAS, on June 11, 2024, the MCSB amended resolution 2024-02 to clarify that
the surtax proceeds will be shared with the charter schools surtax based upon their
proportionate share of the total school district enrollment and to specifically include school
buses in the list of expenditures for the surtax; and
WHEREAS, in order to provide clear direction to the Supervisor of Elections, the
County Commission specifically intends to rescind Resolution 186-2024 in its entirety and
adopt this resolution in its place; and
WHEREAS, it is the intention of the County Commission to direct the Supervisor of
Elections to place the referenda questions presented by the MCSB as set forth in MCSB
Resolution 2024-01 and MCSB 2024-02 (amended) on the November 5, 2024 general
election ballot.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. Resolution 186-2024 is hereby rescinded in its entirety.
2. Pursuant to this resolution, the Supervisor of Elections is directed to
place two separate questions before the voters on the November 2024
general election ballot as provided for in MCSB Resolution 2024-01
and MCSB Resolution 2024-02 (amended) which are attached hereto
and incorporated herein, as Exhibits A and B to this resolution.
3. The Clerk is directed to send a certified copy of this Resolution to the
Supervisor of Elections and the Superintendent of the Monroe County
School District.
PASSED AND ADOPTED at a regular meeting held on the 17th day of July, 2024 in Marathon,
Florida.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tem James K. Scholl Yes
• Commissioner C ig Cates
�. Absent ner rai . .
Commissioner'MichelleLinc Lincoln Yes Commissioner David Rice Yes
BOARD OFCOUNTY :COMMISSIONERS
• OF M NROE:COU NTY, FLORIDA •
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4 s., : : �, Mayor Holly Merrill Raschein
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�{ `ATTEST:' K:E`VIN MADOK,:CLERK
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: By: q,1
s Deputy Clerk
Digitally signed by Robert B.Shillinger
DN:cn=Robert B.Shillinger,o=Monroe County
. Robert B. Shillinger
BOCC ou=Moe County ,.
email=shillinger onr-bob@monroecounAttorneyty-fl.gov,c=US
Date.2024.029 15:153-7 8 04'00'
Approved as to form:and le al sufficiency
Robert B. Shillinger, Monroe County Attorney
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Exhibit A
RESOLUTION 2024— 0o
A RESOLUTION OF THE SCHOOL BOARD OF MONROE COUNTY,
FLORIDA, PROPOSING RENEWAL OF OPERATIONAL MILLAGE
LEVY, APPROVING FORM OF BALLOT QUESTION, REQUESTING
PLACEMENT OF REFERENDUM ON BALLOT, AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS,due to limitations in the State of Florida funding formula,the Monroe County School
District has experienced budgetary shortfalls with respect to teacher salaries, insurance benefits,
and classroom materials since 2004; and
WHEREAS,in 2018,the State of Florida issued a mandate to promote school safety and enhanced
coordination between education and law enforcement entities to comprehensively address the
crisis of gun violence on school campuses in the wake of the tragedy at Marjory Stoneman
Douglass High School in Parkland, Florida; and
WHEREAS, Florida Statute § 1011.71(9) provides for an increase in ad valorem taxes for the
purpose of raising additional funds for school operating purposes pursuant to referendum levying
additional millage approved by the voters of Monroe County; and
WHEREAS, Florida law requires that any discretionary millage levied by the Monroe County
School District for operating funding be approved by the voters at least every four(4) years; and
WHEREAS, the voters of Monroe County previously approved a referendum authorizing the
School District to raise funds for purposes funding teacher salaries, enhancing security measures,
retaining legally-required safe school officers, and operational expenses of Monroe County
Schools for a four(4) year period beginning January 1,2023; and
WHEREAS, the School Board of Monroe County, Florida requires a renewal of the previously
levied millage to continue meeting its operational budgetary needs with respect to teacher salaries,
insurance benefits, classroom materials, and meeting the enhanced safety and security measures
now required by law; and
WHEREAS,the School Board of Monroe County seeks to renew and extend this funding which,
if approved, the four-year levy period would not begin until January 1, 2027; and
WHEREAS,the school board of Monroe County, Florida intends to issue a voter referendum in
a general election on November 5, 2024, requesting that the Citizens of Monroe County, Florida
approve a renewal of the 2022 operational millages;
I
NOW THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF MONROE
COUNTY, FLORIDA,AS FOLLOWS:
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1. Adoption of Recitals
The recitals set forth above are hereby incorporated herein by reference in their entirety as
if set forth in the body of this Resolution.
2. Requesting Placement of Referendum on Election Ballot
The School Board hereby requests that the Board of County Commissioners of Monroe
County,Florida place the referendum to the voters on November 5, 2024,general elections
to be held throughout Monroe County, Florida, for the purpose of submitting to the duly
qualified electors of Monroe County the question set forth herein.
3. Notice of Election
Not less than thirty(30) days notice of said election shall be given by publication both in
English and Spanish in a newspaper of general circulation throughout the District. Such
publication shall be made at least twice, once in the fifth week and once in the third week
prior to the week in which said election is to be held,which notice shall be substantially in
the following form together with such additional information as the Supervisor of Elections
and County Clerk of Monroe County, Florida shall require:
NOTICE OF ELECTION
TUESDAY, NOVEMBER 5,2024, IN MONROE COUNTY, FLORIDA
NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE
COUNTY,FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY, THE
FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE
COUNTY, FLORIDA THE FOLLOWING QUESTION:
RENEWAL OF OPERATIONAL FUNDING FOR MONROE COUNTY
SCHOOLS:
The School District seeks to continue its current funding for operational expenses including
teacher salaries and safe-school officers. Such funds will be shared with local charter
schools proportionally based on their full-time student enrollment.
Shall the District continue to enact a yearly ad valorem tax of no more than 0,5625 mill,
for four (4) years beginning January 1, 2027, to fund safe-school officers and operational
expenses of Monroe County Schools?
YES NO
4. Auvroval of Ballot Ouestion
The substance of the millage referendum and the ballot title shall read:
RENEWAL OF OPERATIONAL FUNDING FOR _NIONROE COUNTY
SCHOOLS:
The School District seeks to continue its current funding for operational expenses including
teacher salaries and safe-school officers. Such funds will be shared with local charter
schools proportionally based on their full-time student enrollment.
Shall the District continue to enact a yearly ad valorem tax of no more than 0.5625 mill,
for four(4) years beginning January 1, 2027, to fund safe-school officers and operational
expenses of Mon-roe County Schools?
YES NO
5. 'Effective Date
This resolution shall become effective immediately upon its adoption by the School Board
of Monroe County, Florida.
DULY ADOPTED by the School Board of Monroe County,Florida this-7-0-day of
2024.
Board Chair Suzanne Woltanski YES V NO
Vice-Chair Mindy Conn YES V NO
Board Member John Dick YES NO
Board Member Andy Griffiths YES NO
Board Member Darren Horan YES NO
Board`Cair, l5r. Woltanski
AP PRO
PR D AS 0 t L F B
Dirk M. Smits, B.C.S., Board Attorney
Exhibit B
RESOLUTION 2 —002 (AS AMENDED)
A RESOLUTION OF THE SCHOOLY,
PROPOSING L OF THE DISCRETIONARYSALES
SURTAX OF ONE-HALF CENT FOR THE PURPOSEFUNDING E
COSTS OF FIXEDCAPITAL OUTLAY, LAND ACQUISITION,
RETROFITTING, INCLUDING BOND INDEBTEDNESS; APPROVING
FORM BALLOT UESTIO QUESTING PLACEMENT OF
REFERENDUM N BALLOT, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, limited funding throughout the School District of Monroe County, Florida (the
"District") for the costs of construction, reconstruction, and improvement of new and existing
public school facilities, security upgrades, technology implementation, and for school buses
continues, and
WHEREAS, surveys by the School Board of Monroe County, Florida (the "School Board")
indicate the need for capital improvements throughout the District continuing for an additional 10
years after the expiration of the current 'h cent levy; and
WHEREAS, the legislature of the State of Florida in its 2002 session enacted subsection (6) of
the Section 212.055, Florida Statutes, authorizing the imposition by school boards of a one-half
cent sales surtax to fund capital outlay projects and technology implementation, including the
payment of bond indebtedness therefore, subject to approval by the electors of the county voting
in a referendum; and
WHEREAS,the School Board desires to continue limiting the financial impact of its capital outlay
and technology implementation programs on local property owners by minimizing the use of ad
valorem taxes to pay the costs of such improvements; and
WHEREAS, the School Board has adopted a plan for use of the proceeds of levy and collection
of the surtax for capital outlay and technology implementation,which plan may be modified from
time to time as the School Board determines to be in the best interest of the citizens throughout
Monroe County.
NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL O OF
MON OE COUNTY, FLORIDA:
1. Adoption of Recitals
The recitals set forth above are hereby incorporated herein by reference in their entirety as
if set forth in the body of this Resolution.
2. Tax Le
There is hereby levied and imposed within Monroe County a discretionary sales surtax of
.5 cent (one-half cent) pursuant to the provisions of Section 212.055(6) Florida Statutes
and Section 212.054 Florida Statutes.
3. iTerm of Levi
The surtax shall commence January 1,2026.The surtax shall remain in full force and effect
for a period of ten (10) years from and after January 1, 2026, unless repealed or reduced
prior to that time by resolution of the School Board, which repeal or reduction may be
effectuated without referendum.
4. 'Administration
The surtax levied hereby shall be collected, administered, and paid to the School Board by
the Department of Revenue pursuant to the terms of Section 212.054, Florida Statutes and
such other laws as may be applicable.
5. 'Use of Revenues
Pursuant to Section 212.055(6)(b), "the revenues collected must be shared with eligible
charter schools based on their proportionate share of the total school district enrollment."
In compliance with Section 212.055(6)(c), Florida Statutes, the proceeds of the levy and
the collection of the surtax and interest accrued thereto shall be expended by the School
Board for fixed capital expenditures or fixed capital costs associated with the construction,
reconstruction, or improvement of school facilities and campuses which have a useful life
expectancy of five (5) or more years, and any land acquisition, land improvement, design
and engineering costs related thereto, or any purchase, lease-purchase, lease, or
maintenance of school buses, as defined in Fla. Stat. 1006.25, which have a useful life
expectancy of five (5) years or more. The proceeds will also be used towards the costs of
retrofitting and providing for technology implementation, including hardware and
software, for the various sites within the District. Such proceeds and interest thereon may
also be used for the purpose of servicing bond indebtedness to finance projects authorized
above. The surtax revenue shall be shared with eligible charter schools based on their
proportionate share of total school district capital outlay full-time equivalent enrollment as
adopted by the education estimating conference established in Sections 216.136 Florida
Statutes,and expended by the charter school in a manner consistent with the allowable uses
set forth in Sections 10 13.62(4) Florida Statutes.
A brief and general description of the initial capital outlay projects to be funded by the
surtax is set forth in the plan attached hereto as Exhibit "A", Such plan may be modified
from time to time as circumstances change and needs arise.
6. Requestine Placement of Referendum on Ballot
The School Board hereby requests that the Board of County Commissioners of Monroe
County,Florida place the referendum to the voters on November 5,2024,general elections
to be held throughout Monroe County, Florida, for the purpose of submitting to the duly
qualified electors of Monroe County the question set forth herein.
7. Notice of Election
Not less than thirty (30) days notice of said election shall be given by publication both in
English and Spanish in a newspaper of general circulation throughout the District. Such
publication shall be made at least twice,once in the fifth week and once in the third week
prior to the week in which said election is to be held,which notice shall be substantially in
the following form together with such additional infori-nation as the Supervisor of Elections
and County Clerk of Monroe County,Florida shall require:
NOTICE OF ELECTION
TUESDAY,NOVEMBER 5,2024, IN MONROE COUNTY, FLORIDA
NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AT THE REQUEST OF THE SCHOOL BOARD OF MONROE
COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY,THE
FIFTH DAY NOVEMBER, 2024, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MONROE
COUNTY, FLORIDA THE FOLLOWING QUESTION:
FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES
TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES:
Renewed funding is required for the School District's capital improvement plan such as
new construction, renovations, additions, security needs, technology, implementation,
school buses, and permitted capital improvements. The revenues collected must be shared
with eligible charter schools based on their proportionate share of the total school district
enrollment.
Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales
surtax for a period of ten (10)years beginning January 1, 2026?
FOR THE ONE-HALF CENT TAX
AGAINST THE ONE-HALF CENT TAX
RESOLUTION NO. 2024-002 ADOPTED AS AMENDED BY THE SCHOOL BOARD
OF MONROE COUNTY, FLORIDA ON Su,4c- 2024, PROVIDES FOR THE
IMPOSITION OF A ONE-HALF CENT SALES TAX, THE PROCEEDS OF WHICH
SHALL BE EXPENDED BY THE SCHOOL BOARD FOR, CAPTIAL
EXPENDITURES,FIXED CAPITAL COSTS,AND A PORTION OF WHICH WILL BE
DISTRIBUTED TO ELIGIBLE CHARTER SCHOOLS IN ACCORDANCE WITH
SECTION 212.055(6), FLORIDA STATUTES.
IN ACCORDANCE WITH THE CONSTITUTION AND THE ELECTION LAWS OF
THE STATE OF FLORIDA, ALI, DULY QUALIFIED ELECTORS OF MONROE
COUNTY, FLORIDA SHALL, BE ENTITLED TO VOTE IN THE ELECTION TO
WHICH THIS NOTICE PERTAINS.
THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, SHALL, BE
AUTHORIZED TO LEVY THE TAX COVERED BY THE QUESTION STATED
ABOVE IF THE QUESTION SHALL BE APPROVED BY A VOTE OF A MAJORITY
OF THE DULY QUALIFIED ELECTORS OF MONROE COUNTY, FLORIDA
VOTING THEREON.
8. Aporoval of Ballot Ouestion
The substance of the sales surtax referendum and ballot title shall read:
FACILITATING SCHOOL DISTRICT CAPITAL PROJECTS THROUGH SALES
TAX LEVY RATHER THAN RAISING LOCAL PROPERTY TAXES:
Renewed funding is required for the School District's capital improvement plan such as
new construction, renovations, additions, security needs, technology implementation,
school buses, and permitted capital improvements. The revenues collected must be shared
with eligible charter schools based on their proportionate share of the total school district
enrollment.
Shall the School Board of Monroe County, Florida continue to levy a one-half cent sales
surtax for a period of ten (10)years beginning January 1, 20267
FOR THE ONE-HALF CENT TAX
AGAINST THE ONE-HALF CENT TAX
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGE TO FOLLOW]
9. Effective Date
Sections 2 through 5 of this Resolution shall be effective upon approval by a majority of
votes cast by qualified electors in the referendum provided for herein and the remaining
sections of this Resolution shall be effective immediately upon its adoption.
DULY ADOPTED by the School Board of Monroe County, Florida this tL day of
2024,
Board Chair Suzanne Woltanski NO
Vice-Chair Mindy Conn YES.__/_,_I NO—-,""
Board Member John Dick YES NO
Board Member And Griffiths YES N/ NO
Board Member Darren Horan YES w NO
Board Chair Dr. Woltanski
APPRC D A, 'I" �'GAL M
00
DirSmuts,"B'".C.S., Board Attorney
Monroe County Schools
Proposed Sources and Uses of Continuation of Half Penny Sales Tax
For the Period January 1, lO26to December 31, 2O35
Sources:
Estimated Sales Tax Collections 222,000\000
Uses of Sales Tax Collections:
New Construction:
Key West High School Buildings 15 and 17 18300000
Total New Construction 18300008
Remodeling and Renovation:
Coral Shores High School 25,000,000
C5H5Ath|etic Field 18,800,000
Horace O'8ryan1School 5^088,088
Key Largo School I8,000'000
Key West High School 18,000,000
Marathon Middle High School 5,600,800
May Sands School (MARC) 2,000,000
Reynolds School 6,500'000
Sugarloaf School 12,258,000
Tommy Roberts Memorial Stadium 10,000,000
United St. Facilities Building/Bruce Hall lOOOOOOO
Tota| Remodeling and Renovation 122250000
Technology 35370000
Safety/Security 10000000
School Buses 5800080
Charter Schools 31080000
Total Uses of Half-Cent Sales Tax 322000000
The above is an estimate of the capital outlay projects and are subject to change.
The scope and timing of projects will be periodically determined by the School Board after consideration
of the following objective criteria: a thorough,detailed assessment of facility condition;the age of the
facility; current educational program requirements; safety, security and technology needs; student
trasportadonrequirements; and school capacity needs.
School Board of Monroe County' Resolution 3O24-OO2 (As Amended) Exhibit